Ladipo Sanusi/
Police have asked a Federal High Court, in Lagos, to issue a bench warrant for the arrest of Managing Director of Innoson Motors Nigeria Limited, Mr. Innocent Chukwuma, and four others.
Chukwuma, his company and four others have been charged to court by the police for alleged forgery.
The Inspector General of Police (IGP) filed an application today begging the Court to issue a bench warrant against Chukwuma and his co-defendants for their refusal to appear in court.
Others affected by the application are: Charles Chukwu, Anajekwu Sunny, Maximum Chukwura and Mitsui Osk Lines
In an affidavit sworn to by a litigation officer in the Department of Public Prosecutions, Federal Ministry of Justice, Noma Ganau Wando and filed before the Court by Assistant Director, Public Prosecution, Mr. Ajakaye Julius, the deponent averred that the office of the Inspector General of Police filed the charge against the accused persons on December 21, 2015.
The deponent stated that the charge was served on the defendants through an order of substituted service dated February 8, 2016, adding that the office of the Attorney General of the Federation (AGF) took over the prosecution of the case on February 18, 2016.
The deponent also averred that since the service of the charge on the defendants, only two, Maximum Chukwura and Mitsui Osk Lines have been coming to court, “while Innoson Motors Nigeria Limited, Innocent Chukwuma, Charles Chukwu and Anajekwu Sunny have all refused, failed and neglected to appear in court till date, consequently their pleas have not been taken”.
Earlier on February 23, 2017 Ajakaye had informed the Court that the four defendants had consistently failed to appear in court to take their pleas and therefore applied for a court summon to be issued against them pursuant to the provisions of the law.
The court, however, directed that the state should use her enormous power to arrest and produce them in court since they were all granted administrative bail by the police. The directive of the court was subsequently communicated in writing to the IGP.
Also on September 19, 2017 the Court of Appeal, Lagos Division, in a unanimous ruling dismissed the motion for stay of proceedings in the case, directing that proceedings in the criminal case should proceed at the lower court.
However, when the case came up again on October 10, 2017 the four defendants were still absent in court but were represented by their lawyers, including a Senior Advocate of Nigeria and a professor of law.
Justice Ayotunde Faji today fixed November 21, 2017 for hearing of the application by the Police.
The Police, in a four-count amended criminal charge marked FHC/L/565C/2015 filed before the Court by DPP of the Federation, Federal Ministry of Justice Mohammed Saidu Diri, alleged that the defendants had between January 2010 and April 2011, at Apapa Wharf, Lagos criminally conspired amongst themselves to wit, falsification of shipping documents which they deposited with Mitsui Osk Lines, Lagos, and used as collateral for the purpose of clearing raw materials Polyvinyl-chloride (PVC) and other imported items.
Police further alleged that the accused persons, at the same time and place, did without lawful authority and with intent to defraud, altered the shipping clearance documents given to Mitsui Osk Lines, which was used as collateral to obtain a loan of N2.4 billion from Guaranty Trust Bank Plc for the purpose of clearing Polyvinyl-chloride for the production of roof ceiling and other imported items
They were also allegedly falsely and fraudulently represented as genuine the altered shipping documents and presented same to Guaranty Trust Bank Plc to obtain a loan of N2.4 billion.
All the alleged offences are contrary to and punishable under sections 3(6),1(2)(C) of the miscellaneous offences Act Cap. M 17 Laws of the Federation, 2004.
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